PUBLIC LAW BOARD NO. 4615
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES



CONSOLIDATED RAIL CORPORATION

 STATEMENT OF CLAIM: "Claim of the System Committee of the
 Brotherhood that:

      1. The dismissal of Mr.- R. Riffle for alleged '

      failure to comply with the Conrail Drug Testing

      Policy as you were instructed in letter dated

      April 28, 1987, from Medical Director G. R. Gebus,

      in that you failed to refrain from the use of

      prohibited drugs as established by the urine sample

      you provided on September 21, 1987 testing positive.'

      was without just and sufficient cause, arbitrary,

      capricious, on the basis of unproven charges and in

      violation of the Agreement (System Docket CR-3608D).


          2. As a consequence of the violations referred to in Part 1 above, the Claimant shall be reinstated with. seniority and all other rights including overtime and benefits unimpaired, his record shall be cleared of the charges leveled against him and he shall be paid for all wage loss suffered."


- 1 -
                                          Case No. 47

                                          Award No. 47


AWARD
    The Claim is denied in its entirety.


u
 F . . DOMZALS y`-8-43 J DODD
 Car 'er Me r 0 ganization Member

                THOMA J. DiLAURO

                Neutral Member


                APR. 1 1993